Ohio court to hear case on whether Stark County search warrant was legal

By MARC KOVACDix Capital Bureau Published: June 11, 2014 4:00 AM

COLUMBUS -- The Ohio Supreme Court will decide whether a Stark County probate judge had the power to issue a search warrant that led to illegal gambling charges against the owners of an Alliance business.

Todd Brown, Jeffrey Shipley and Raymond McCloude argued in court filings that Ohio Revised Code is clear on the issue. They say Probate Judge Dixilene Park did not have the power to issue the search warrant that led to the confiscation of illegal gambling machines on their premises.

Legal counsel for the city of Alliance countered that the plaintiffs are relying on antiquated sections of state law.

According to documents, Brown, Shipley and McCloude leased commercial space on East State Street and opened a business under the name "Little Vegas." Undercover Alliance police officers subsequently investigated the site and found slot machines paying out cash and other prizes.

They, in turn, obtained a search warrant from a county probate judge, confiscated the machines and charged the owners with illegal gambling.

[Article continues below]

But Brown, Shipley and McCloude sought to suppress evidence gathered by the officers, citing a section of state law that precludes probate judges from issuing search warrants.

A trial court sided with the plaintiffs. An appeals court agreed on the jurisdiction issue but reversed the ruling on the evidence, noting that the officers "had a good faith belief based on prior practice that the probate judge could issue search warrants."

Alliance city Law Director Jennifer Arnold told justices Tuesday that, under court reforms in the late 1960s, there technically are no longer probate judges -- rather, there are common pleas judges who act as part of a probate division of that court.

Since common pleas judges do have the power to issue search warrants, the judge in the Little Vegas case had the authority to act as she did.

No comments were offered before the state's high court Tuesday by counsel for the business owners.

Marc Kovac is the Dix Capital Bureau Chief. Email him at mkovac@dixcom.com or on Twitter at OhioCapitalBlog.